Lehman v. City of Shaker Heights

Background

Harry J. Lehman, a candidate for Ohio state representative, tried in 1970 to buy interior and exterior car‑card ad space on the Shaker Heights city transit system for campaign months before the November election. Metromedia, the city's exclusive ad agent, refused because its contract with the city prohibited political advertising. Lehman sued in Ohio state courts after the city and Metromedia denied his ad; the Ohio Supreme Court upheld the ban and denied relief.

Reasoning

The Supreme Court asked whether the city's advertising space was a place the First Amendment requires be open to campaign speech. The Court's majority said no: the car cards were part of the city's commercial transit venture, not an open public forum, and the city could reasonably limit ads to ordinary commercial and public‑service messages to protect commuters, avoid favoritism, preserve advertising revenue, and prevent administrative problems. The Court therefore found no First or Fourteenth Amendment violation and affirmed the Ohio ruling.

Real world impact

The decision lets municipal transit systems and their advertising agents exclude paid political ads under similar contracts and policies. Candidates and political groups lose one common venue for reaching local riders in such systems, while cities retain discretion to set advertising standards to protect revenue and passengers. The ruling resolves the dispute in this case in favor of the city and Metromedia.

Dissents or concurrances

Justice Douglas agreed with the result but emphasized commuters' right not to be forced to receive messages. Justice Brennan dissented, arguing the city created a forum by accepting other ads and that excluding political messages discriminated based on content.